Morgan v. Warden, Chillicothe Correctional Institution

Filing 4

ENTRY AND ORDER OVERRULING MORGANS OBJECTIONS (Doc. # 3 ) TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. # 2 ) IN ITS ENTIRETY; DISMISSING MORGAN'S PETITION FOR A WRIT OF HABEAS CORPUS WITHOUT PREJUDICE; DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY BECAUSE ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS; AND TERMINATING THIS CASE. Signed by Judge Thomas M Rose on 09/10/12. (pb1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TODD C. MORGAN
Case No. C-3:12-cv-254
Petitioner,
Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vNORM ROBINSON, Warden,
Chillicothe Correctional Institution

Respondent.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING MORGAN’S OBJECTIONS (Doc.
#3) TO THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATIONS (Doc. #2) IN ITS ENTIRETY;
DISMISSING MORGAN’S PETITION FOR A WRIT OF HABEAS
CORPUS WITHOUT PREJUDICE; DENYING ANY REQUESTED
CERTIFICATE OF APPEALABILITY BECAUSE ANY APPEAL WOULD
BE OBJECTIVELY FRIVOLOUS; AND TERMINATING THIS CASE
______________________________________________________________________________
This matter comes before the Court pursuant to pro se Petitioner Todd C. Morgan’s
(“Morgan’s”) Objections (doc. #3) to Magistrate Judge Michael R. Merz’s Report and
Recommendations (doc. #2). Upon review, as required by Rule 4 of the Rules Governing § 2254
cases, the Magistrate Judge recommends that Morgan’s Petition for a Writ of Habeas Corpus be
dismissed without prejudice because this Court does not have subject matter jurisdiction.
As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the
District Judge has made a de novo review of the record in this case. Upon said review, the Court
finds that Morgan’s Objections to the Magistrate Judge’s Report and Recommendations are not
well-taken, and they are hereby OVERRULED. The Magistrate Judge’s Report and
Recommendations is adopted in its entirety.

Morgan’s Petition for a Writ of Habeas Corpus is given preliminary consideration as
required by Rule 4 of the Rules Governing § 2254 Cases. Pursuant to this consideration,
Morgan’s Petition must be dismissed without prejudice because this Court lacks subject matter
jurisdiction. This Court lacks subject matter jurisdiction because Morgan’s current Petition is a
“second or successive” Petition which cannot be filed without permission of the United States
Court of Appeals for the Sixth Circuit.
Further, because reasonable jurists would not disagree with this conclusion, Morgan is
denied any requested certificate of appealability and any appeal would be objectively frivolous.
Finally, the captioned cause is hereby ordered terminated upon the docket records of the United
States District Court for the Southern District of Ohio, Western Division, at Dayton.
DONE and ORDERED in Dayton, Ohio, this Tenth Day of September, 2012.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to:
Counsel of Record
Todd C. Morgan at his last address of record

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